DUI Task Force in Glendale, Arizona
Arizona is proactive in its prevention of DUI related accidents and deaths. In doing so, the state has established 16 DUI different task forces located around Arizona in strategic cities. Glendale, Arizona has one of these in its Department of Public Safety DUI task force. This cross-agency endeavor includes local, state, and federal law enforcement officers.
The purpose behind such task forces around the state is to ensure that roads in Arizona are safer for travelers. It is no coincidence that a lot of these deployments happen on the big celebrating holidays. An unfortunate side effect of such holidays is that they lead to many more than usual impaired drivers using the road. In the battle to stop such drunk drivers from hurting themselves and other people, the DUI task forces are a formidable weapon. Arizona effectively uses a combined force of Glendale police agencies, the Department of Public Safety, county sheriff departments, and university, tribal, and park police departments to ensure that their net catches those driving under the influence.
In Legal Terms, What is A DUI in Arizona?
Arizona defines impaired driving as a DUI "driving under the influence." Some other states call this a DWI "driving while intoxicated." In many cases though, you will hear DUI and DWI referred to as if they are the same thing.
According to David Michael Cantor, a DUI Specialist from DM Cantor, DUI laws in Arizona are strict. They make it illegal for any person to operate a vehicle in the state while intoxicated. These are the official state regulations:
- No BAC blood alcohol concentration equal to .08 percent or higher is allowed
- No driving permitted under any impairment whether from alcohol or drugs.
- No driving period if you are less than 21 years old under the state's "not a drop" laws, also known as the "baby DUI" law
Can You Get A DUI While Not Driving?
It is also possible to obtain a DUI in Arizona without technically driving a vehicle. This is because you are considered to be in "actual physical control" in a car or motor vehicle if you have any drug or alcohol influence equal to .08 percent or higher and you even appear to be driving. When you are sitting in a car behind the wheel and move the vehicle to another parking place or out of the driveway, this is considered operating the vehicle. The reasoning behind such strict regulation is to prevent drunk driving before it officially begins.
The judge and jury have discretion in the interpretation of what constitutes motor vehicle control. Some of their considerations of meeting such a standard include the following:
- where was the ignition key?
- was the car running?
- where was the person sitting when stopped?
- were the headlights of the car on?
- was the driver sleeping or awake?
- was the vehicle legally parked or stopped on the road?
The fact is that all situations will be different. This is why you should talk with a highly experienced Glendale DUI Lawyer if you find yourself accused of physical control driving under the influence.
What About the Defense of Sleeping It Off?
If your defense is that you were sleeping off the state of being drunk in the car, then you may have a case in Arizona. When you can prove that you were not physically controlling the vehicle but were merely sleeping it off, this is a relevant argument. Juries would have to determine: Were you as driver utilizing the vehicle for shelter purposes or did you represent a public threat through imminent or current control of the vehicle as an impaired individual?
First Versus Second and Third DUI Penalties
Prior convictions for driving under the influence determine the severity of the penalties, along with the amount of BAC. First DUIs possible sentences range from minimally 10 days in prison (with a potential suspension of all but the first 24 hours) to minimally 45 days in jail (with only 14 days served with the installation of an IID). Fines range from at least $1,480 to at least $3,250. They suspend licenses for 90 days in first DUI offenses as well in the state of Arizona.
Second and Third DUI's receive significantly harder punishments in Arizona. With second DUI's, you can expect to receive from minimum 90 days in jail to 180 days in prison. The fines range from at least $3,000 to minimally $4,250 depending on how impaired the driver is. Arizona also revokes your license for at least a year (with possibilities for gaining restricted licenses after 45 days with an IID).
Third DUI's the state considers felonies. They come with minimally four months in prison, two year IID requirements, and license revocation for a year. There would also be $4,000 in assessments and fines.
The state also requires all drivers who become arrested under a DUI to agree to either breath or blood test. The "implied consent" laws make such procedures mandatory. If you refuse to perform such a test on command, the state will suspend your license for from one to two years.
What Are First DUI Arrest Consequences Exactly?
You are not ruined by the first time DUI arrest. Yet you should be prepared to do some short jail time and to lose driving privileges while paying a fine. The premiums on your car insurance will skyrocket when you receive your license again.
Getting pulled over for driving while under the influence of alcohol or drugs allows for the chance to determine you are innocent. This will be decided by the officer who administers the sobriety test. It might be you must walk a straight line. Refusing to take the test means an immediate suspension of your driver's license.
Is It Possible To Have Your DUI Charges Reduced?
The answer to the question about clemency with DUI charges depends on the circumstances involved. In cases where you have injured other people or even endangered children in a driving under the influence scenario (for alcohol or drugs), you should expect severe criminal charges. With first DUI cases that involve an accident but no serious injury of others or endangerment of children, it is possible for a good Glendale DUI Lawyer to potentially reduce charges or bail. Our attorneys are able to represent you in traffic, criminal, and civil court in an effort to reclaim your freedom and rights. This would make it possible for you to go back to your normal routine and daily life with your friends and family.
